The Impact of the UNCRC on the Italian Legal System

2009 ◽  
Vol 17 (1) ◽  
pp. 155-170 ◽  
Author(s):  
Joëlle Long
Keyword(s):  
United Nations ◽  
Direct Effect ◽  
Legal System ◽  
Legal Instrument ◽  
Rights Of The Child ◽  
Italian Law ◽  
The Future ◽  
United Nations Convention ◽  
The Impact ◽  
Domestic Law

AbstractAlthough the direct effect of the United Nations Convention on the Rights of the Child (UNCRC) on the legal system have been limited, the UNCRC is for Italy one of the most important multilateral conventions: the legislator approves almost any act on children's rights, stating that the new legal instrument is necessary in order fully to implement the UNCRC; the courts use the Convention to justify judicial interpretations which cannot be given on the sole ground of domestic law and sometimes even to substantiate interpretations against the letter of domestic law. The analysis of the conflicts between the UNCRC and Italian law identified both by the Committee on the Rights of the Child and by Italian scholars shows the ways of implementing this international instrument in Italy are not likely to change in the future: the effects on the sources of Italian law will therefore probably remain the only path through which the Convention actually contributes to the improvement of children's protection in Italy.

scholarly journals Assessing the Impact of the ECHR on National Legal Systems

2008 ◽  
Author(s):  
Helen Keller ◽  
Alec Stone Sweet
Keyword(s):  
Legal System ◽  
Structural Features ◽  
Legal Systems ◽  
The Future ◽  
The Impact ◽  
Domestic Law ◽  
Domestic Level

This chapter discusses the impact of the ECHR in 18 national legal orders. Topics covered include the reception of the ECHR into domestic law and practice, inputs into the ECHR legal system (applications) and the most important outputs (judgements of the Court and other decisions), the Court's impact on national legal systems, how the evolution of certain structural features of the Convention has complicated the reception process at the domestic level, and the future of the Court.

scholarly journals From the Indicators of General Comment No. 7 to GlobalChild

2019 ◽  
Vol 27 (4) ◽  
pp. 821-851 ◽  
Author(s):  
Ziba Vaghri ◽  
Lothar Krappmann ◽  
Jaap Doek
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
United Nations ◽  
State Party ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The Impact ◽  
Improve State ◽  
Monitoring Platform ◽  
Indicator Sets

Implementation of the United Nations Convention on the Rights of the Child (crc) hinges on appropriate data collection to clarify actors’ accountability and the impact of this on children. In spite of widespread ratification and revised legislation, most State Parties have not adequately implemented the crc. The evidence demonstrates that indicators can assist with implementing and monitoring human rights. We present an account of a decade of work conducted under the auspices of the UN Committee on the Rights of the Child, towards developing indicator sets which map the degree of rights implementation. The work started with the rights of young children, outlined in the Committee’s General Comment No. 7. It will culminate in a comprehensive monitoring platform, called GlobalChild, to improve State Parties’ accountability to children through pointing at crucial aspects of the process of compliance with the crc for which the State Party and its administration are accountable.

Port State Jurisdiction over Vessel Information: Territoriality, Extra-territoriality and the Future of Shipping Regulation

2016 ◽  
Vol 31 (3) ◽  
pp. 470-498 ◽  
Author(s):  
Bevan Marten
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Information Requirements ◽  
Related Information ◽  
Territorial Jurisdiction ◽  
The Future ◽  
United Nations Convention ◽  
The Impact

This article discusses the use of port state jurisdiction to impose information requirements on visiting foreign vessels, with reference to the maritime zone-based approach to jurisdiction taken in the United Nations Convention on the Law of the Sea and other maritime Conventions. It argues that port states have extensive options for requesting information from vessels in port, even if that information relates to matters arising beyond the state’s maritime zones (as in the case of the European Union’s 2015 regime for monitoring vessel co2 emissions), without making any excessive claim to extra-territorial jurisdiction. After discussing the manner in which port states may choose to deploy these options in practice, the article addresses some broader trends connected with the increasing automation of shipping and the ever-wider availability of shipping-related information, and the impact these developments may have on international law and shipping regulation in the long term.

scholarly journals Children's rights in Swedish teacher education

2020 ◽  
Vol 3 (2) ◽  
pp. 49-67
Author(s):  
Åsa Olsson
Keyword(s):  
Teacher Education ◽  
Human Rights ◽  
Social Change ◽  
United Nations ◽  
Teacher Educators ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Domestic Law

In 2020, the United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Swedish domestic law. In the proposals for new legislation, it is emphasised that steps be taken to develop knowledge of children’s rights among professionals at all levels. This article explores the presence and status of children’s rights in Swedish teacher education. A total of 362 teacher-education course plans and syllabi at 12 universities were examined, and a questionnaire was conducted among 156 teacher educators. Although teacher educators judge knowledge around children’s rights to be important for pre-service teachers, the syllabi provide little guidance as to what knowledge pre-service teachers need. Using the framework for analysing human rights education designed by educational specialist Felisa Tibbitts, it is concluded that Swedish teacher education fits with a Values and Awareness Model, which is associated with socialisation but not with social change.

scholarly journals Realising the Right of the Child to Participate in the Criminal Process

Youth Justice ◽  
2018 ◽  
Vol 18 (3) ◽  
pp. 265-284
Author(s):  
Louise Forde
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Fundamental Aspect ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The Right ◽  
International Instruments ◽  
Domestic Law ◽  
Domestic Level

The right of the child defendant to participate effectively in criminal proceedings is a fundamental aspect of the right to a fair trial, and is guaranteed under a number of international instruments, including the United Nations Convention on the Rights of the Child. Ensuring that the right is realised at the domestic level requires States to take positive steps to facilitate the child’s effective participation. This article examines how the child’s participation is supported through statutory provisions and by the courts in Ireland and New Zealand. The discussion highlights challenges and positive steps taken to facilitate effective participation in domestic law.

scholarly journals Incorporation of the United Nations Convention on the Rights of the Child in Law: A Comparative Review

2013 ◽  
Vol 21 (3) ◽  
pp. 442-463 ◽  
Author(s):  
Laura Lundy ◽  
Ursula Kilkelly ◽  
Bronagh Byrne
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Children's Rights ◽  
Rights Of The Child ◽  
Legal Obligations ◽  
Comparative Review ◽  
United Nations Convention ◽  
The United Nations ◽  
Domestic Law ◽  
Direct Incorporation

Incorporation in law is recognised as key to the implementation of the UNCRC. This article considers the ways in which a variety of countries have chosen to incorporate the CRC, drawing on a study conducted by the authors for UNICEF-UK. It categorises the different approaches adopted into examples of direct incorporation (where the CRC forms part of domestic law) and indirect incorporation (where there are legal obligations which encourage its incorporation); and full incorporation (where the CRC has been wholly incorporated in law) and partial incorporation (where elements of the CRC have been incorporated). Drawing on evidence and interviews conducted during field visits in six of the countries studied, it concludes that children’s rights are better protected – at least in law if not also in practice – in countries that have given legal status to the CRC in a systematic way and have followed this up by establishing the necessary systems to support, monitor and enforce the implementation of CRC rights.

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